States sue to block Trump public-charge rule that could narrow green card access

A coalition of Democratic-led states and cities sued the Trump administration on Monday, Sept. 14, 2026, seeking to stop a new immigration rule they say would make it harder for some people to qualify for green cards. The challenge targets a revived public-charge policy that federal officials say will let immigration officers consider a wider range of public benefits when deciding whether an applicant is likely to depend on government assistance. The rule is set to take effect Sept. 18, 2026.

The lawsuits were filed by New York, California and Illinois, along with other states and local governments, according to the filings described in court and agency reporting. Plaintiffs argue that the rule could punish families for using programs such as Medicaid, food assistance and housing aid, even when those benefits are lawfully available and used by U.S. citizen relatives. They say that approach could pressure immigrant households to avoid programs that help with basic needs while they pursue permanent legal status.

Public-charge rules have long played a role in immigration law, but the definition has shifted across administrations. Under the Biden-era framework, immigration officials could consider some cash assistance, but not most noncash benefits. In July 2026, the Department of Homeland Security rescinded the 2022 regulation and said the change would restore broader discretion to officers reviewing applications for admission or adjustment of status.

Rule change revives a long-running immigration fight

The administration’s final rule applies to applications for admission filed on or after Sept. 18, 2026, and to adjustment-of-status applications postmarked or submitted electronically on or after that date, according to the Federal Register notice. DHS said receipt of means-tested public benefits before that date will be evaluated under the prior framework. The department has argued that the change better reflects congressional intent and helps officers determine whether an applicant is likely at any time to become a public charge.

Opponents say the rule goes beyond the agency’s authority and departs from the longstanding meaning of the public-charge standard established by Congress. In one lawsuit, New York Attorney General Letitia James said the policy could force families to choose between seeking assistance and seeking legal status. The broader fight echoes earlier Trump-era efforts to tighten public-charge standards, which were rolled back under President Joe Biden and now revived in a new form.

The lawsuits are expected to move through federal court in the coming weeks, though no immediate ruling was reported Monday. For immigrant families already navigating changes in federal benefits policy, the rule adds another layer of uncertainty just days before it is scheduled to take effect.